CRIMINAL OFFENCES ACT, 1960 (ACT 29)

THE TWENTY-NINTH

ACT

OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE CRIMINAL CODE, 1960

 

AN ACT to consolidate and amend the law relating to criminal offences.

DATE OF ASSENT: 12th January, 1961

BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows:

PART ONE

General Provisions

CHAPTER ONE

Preliminary Matters

In this Act, unless the context otherwise requires,

“administer”, when used with reference to administering a substance to a person, means causing the substance to be taken or introduced into a part of a person’s body, whether with or without the knowledge or consent of that person;

“cattle” means the male, female, or young of an animal of the following kinds, namely, horse, ass, mule, kine, sheep, goat, or swine, and an animal, other than a dog, which is ordinarily kept or used as a beast of burden, or for draught, or for riding, or for the production of wool or of hair;

“citizen” means a citizen of Ghana;

“corporation” does not include a corporation sole;

“criminal offence” has the meaning assigned to it by article 19 of the Constitution;

“deliver” includes causing a person to receive a thing and permitting a person to take a thing,

whether directly or by any other person;

“duress” means force, harm, constraint, or threat, used with intent to cause a person against that person’s will to do or to abstain from doing an act;

“Engineer-in-Chief of Public Works” includes an assistant engineer, a district or an assistant

district engineer, an inspector, a sub-inspector, a foreman of works, a surveyor, an assistant surveyor, or a foreman of roads;

“export” means export from the Republic;

“felony”, “first degree felony” and “second degree felony” shall be construed in accordance with section 296 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30);

“gaoler” means the keeper or other officer having the charge of a prison;

harm” means a bodily hurt, disease, or disorder whether permanent or temporary;

“health officer” includes the Chief Medical Officer, any other medical officer, and a person

appointed as health officer;

“import” means to import into the Republic;

“indictable offence” means an offence punishable on indictment;

judicial proceeding” includes a civil or criminal trial, and an enquiry or investigation held by a

judicial officer in pursuance of a duty or an authority;

jury” includes a Justice in cases where a judge, whether with or without assessors, tries a case without a jury;

“Minister” means Minister responsible for Justice;

“misdemeanour” shall be construed in accordance with section 296 of the Criminal and other

Offences (Procedure) Act, 1960;

“night” means the time between the hour of seven in the evening of a day and the hour of six in the following morning;

“order” includes a conviction;

“peace officer” means a person who is, or is acting as, a constable or special constable, or lawfully acting in aid of a constable or special constable;

“person”, for the purposes of a provision of this Act relating to defrauding a person or to

committing a criminal offence against the property of a person, includes the Republic; and expressions referring to the “public” refer not only to the citizens of the Republic as a whole, but also

(a) to the persons inhabiting or using a particular place, or a number of those persons, and

(b) to indeterminate persons as happen to be affected by the conduct with reference to which the expressions are used;

“public place” includes a public way and a building, place, or conveyance to which the public are entitled or permitted to have access, without a condition of making a payment, or on condition of making a payment, and a building or place which is used for a public or religious meeting or assembly, or as an open Court; and acts are done “publicly”

(a) if they are done in a public place as are likely to be seen by a person, whether that person is or is not in a public place; or

(b) if they are done in a place, which is not a public place, but are likely to be seen by a person in a public place;

public way” includes a highway, market place, lorry park, square, street, bridge, or any other way which is lawfully used by the public;

send” includes causing or attempting in any manner to cause a thing to be received by a person;

“summary offence” means a criminal or any other offence punishable on summary conviction

under an enactment;

“town” means

(a) the area of authority of a Municipal or Urban Council;

(b) a place to which the Towns Act applies; or

(c) a place, whether a town or not, which the Minister may, by executive instrument, determine to be a town;

“vehicle” includes a cart, bicycle, tricycle, and any other carriage on wheel;

“will” when used with respect to a document, means a testamentary document, whether the

document is formal or informal, complete or incomplete.